Delhi High Court
Deepak Gupta & Anr. vs State & Anr on 29 February, 2016
#37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 29th February, 2016
+ W.P.(CRL) 656/2016 and Crl. MA No. 3620/2016 (Exemption)
DEEPAK GUPTA & ANR. ..... Petitioners
Through Mr. Satish Kumar, Advocate along
with petitioners
versus
STATE & ANR .... Respondents
Through Ms. Richa Kapoor, Addl. Standing
Counsel (Crl.)
SI Rahul Malik, PS Sarai Rohilla
Mr. Durgesh Rao and Ms. Rama
Yadav, Advocates for Resp. No.
2/complainant along with
Complainant
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
Crl. MA No. 3620/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application is disposed of accordingly.
W.P.(CRL) 656/2016
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 seeking
quashing of FIR No. 385/2013 under Sections 406/498A/34 IPC registered at
Police Station- Sarai Rohilla, Delhi and the proceedings arising therefrom.
2. The facts in brief are that the petitioner no. 1 (husband) and
respondent No.2/complainant (wife) were married to each other according to
Hindu rites and customs on 5th December, 2012. No child has been born out
of the said wedlock. Owing to temperamental and ideological differences
between the parties to the marriage, they started living separately since 23rd
November, 2013. On a complaint instituted by respondent no.2 (wife), the
subject FIR was registered against the petitioner no. 1 (husband) and mother-
in-law.
3. Counsel for the parties state that with the aid and assistance of
Principal Judge, Family Court, Central District, Tis Hazari Court, Delhi, the
outstanding matrimonial dispute between the parties to the union has been
settled amicably by way of a Settlement Agreement dated 4th June, 2015.
The salient terms and conditions of the settlement as enshrined in the said
Settlement Agreement are as follows:-
"2. It is agreed between the parties that husband shall pay
to the wife a sum of Rs. 2,75,000/- as full and final
settlement (against stridhan and dowry, maintenance of
wife and children towards past, present and future
maintenance, education etc.) and after the payment of the
entire settled amount nothing shall remain due against the
husband or his family members qua this marriage. The
settled amount shall be paid in 3 installments.
3. It is further agreed between the parties that the husband
will pay a sum of Rs. 1,00,000/- to the wife out of the total
settlement amount at the time of recording of the statement
in first motion divorce petition.
4. It is further agreed between the parties that the husband
will pay a sum of Rs. 1,00,000/- to the wife out of the total
settlement amount at the time of recording of the statement
in second motion divorce petition.
5. It is further agreed between the parties that the husband
will pay a sum of Rs. 75,000/- to the wife as full and final
payment out of the total settlement amount at the time of
quashing of the FIR bearing no. 385/2013 u/s 498A PS
Sarai Rohilla before the Hon'ble High Court of Delhi. It is
undertaken by the wife that she will cooperate with the
quashing of the above FIR subject to the fulfillment of the
terms of this settlement agreement FIR No. 578/2013 u/s
328/506 IPC PS Sarai Rohilla."
4. In a nutshell, it has been agreed by and between the parties to the
union that respondent no. 2 (wife) shall be paid a sum of Rs. 2,75,000/-
towards all her claims vis. a vis. permanent alimony, stridhan, dowry articles,
maintenance past, present and future etc. against the petitioners.
5. Counsel for the parties further state that pursuant to the said settlement
between the parties to the union, a sum of Rs. 2,00,000/- has already been
received by respondent no.2 (wife). The balance sum of Rs. 75,000/- has
been brought to the Court in the shape of a Demand Draft dated 25th January,
2016 bearing No. 694936 drawn on Punjab National Bank, Shastri Nagar,
Delhi in favour of Neha Gupta, respondent no. 2(wife) herein. The latter
acknowledges receipt thereof subject to its encashment.
6. In the present case, it is observed that pursuant to the settlement
arrived at between the parties to the union, a decree of divorce by mutual
consent dated 5th January, 2016 has already been obtained by the parties
from the concerned Family Court.
7. Respondent No.2/complainant (wife), who is present in Court and has
been identified by the Investigating Officer i.e. SI Rahul Malik, Police
Station- Sarai Rohilla, Delhi, states that in pursuance to the settlement
arrived at between the parties to the union, she is no longer keen to proceed
with the subject FIR and the proceedings emanating therefrom.
8. Since the dispute between the parties which arose out of a matrimonial
discord between petitioner no. 1 and respondent no. 2 and resulted in the
registration of the subject FIR, has been settled amicably by way of a
Settlement Agreement dated 4th June, 2015, without any undue influence,
pressure or coercion; as the parties have obtained decree of divorce by
mutual consent on 5th January, 2016; and the settlement between the parties
is lawful, no useful purpose will be served by proceeding with the subject
FIR and the proceedings arising therefrom.
9. Resultantly, the FIR No. 385/2013 under Sections 406/498A/34 IPC
registered at Police Station- Sarai Rohilla, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua both the petitioners subject
to their paying further a sum of Rs. 15,000/- in aggregate to the complainant
(wife) within a period of four weeks from today. A copy of the receipt
thereof shall be provided to the Investigating Officer in the subject FIR.
10. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 29, 2016
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